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In view of interest
in the economic prospects in Iraq, this website will provide regular
general updates to appraise visitors of the important administrative
and economic developments that might effect the international business
environment.
1. General
situation in Iraq
Since the downfall
of the previous Iraqi regime nearly three and a half months ago,
the crucial security situation in Iraq remains unsettled with consequently
fairly slow progress being achieved in other areas. Difficulties
are still being experience in repairing major aspects of life such
as electricity supply, water treatment and purification as well
as the economically important oil production.
As for legislative
progress it is important to note that in accordance with generally
accepted rules of international law, local Iraqi laws previously
issued will remain in force and applicable until repealed or amended
by a new authority or government.
2. Administration
in Iraq
The Coalition
Provisional Authority (CPA)
appointed the Iraqi Provisional Governing Council (GC) of 25 members
which held its first meeting on 13.07.03 The GC is expected to form
a larger committee of experts to prepare a draft Constitution which
is expected to be subject of a national referendum. Another important
task of the GC will be to appoint ministers to administer the day
to day affairs of the Government. However, it should be noted that
the CPA’s Civil Administrator will have the authority to review
the decisions of the GC.
3. Economy
and Finance
Important steps
were made towards normalizing the economic and financial situation
with the appointment of a Provisional Governor of the Iraqi Central
Bank (ICB) and the declaration that the new currency will be in
circulation on 15.10.03. This will be an important step to reintegrate
the Iraqi economy particularly since there are presently two currencies
in circulation with two varying exchange rates in the autonomous
Northern provinces and the rest of the country.
The Governor
of the ICB also declared that the ICB will coordinate with competent
parties to encourage international investments without being restricted
to nationals of Arab countries as was previously provided. The Governor
further stated that the liberalization of the economy, encouragement
of local and international investments and activating the banking
sector will be a priority. Certain laws including the ICB law, presently
providing for very strict monetary and foreign exchange controls,
the commercial code, company law and other laws should be amended
or new more flexible liberal laws issued.
4. Iraqi
Trade
The United Nations
decided in Resolution 1483 adopted on 22.05.03, to remove all prohibitions
related to trade with Iraq and the provision of financial or economic
resources imposed by UN Resolutions.
In addition
to above mentioned UN Sanctions, local laws requiring import licenses,
the imposition of customs tariffs and providing strict exchange
controls were restrictive of trade to and with Iraq. While some
of these controls have been formally suspended as will be mentioned
below others are simply not being enforced presently and will need
to be reviewed in due course.
5. Customs
Tariffs
The CPA declared
the suspension of customs duties and tariffs that were previously
imposed generally as a percentage of the cost of the goods or products
imported until the end of 2003. Consequently, a large number of
consumer goods were brought to Iraq to benefit from neighboring
countries, particularly those with free zones. By the end of the
year a new customs law with new tariffs is expected to be issued.
6. Income
Tax
The Iraqi Income
Tax No. (113) of 1982 as amended and the Regulations issued in accordance
therewith provide for the impositions of high tariffs as income
tax. Although a formal suspension of the imposition of income tax
does not seem to have been issued, the taxation authority does not
seem to have reorganized consequently there seems to be a de facto
moratorium on the filing of tax returns and the collection of taxes
which has to be reviewed and organized in the near future.
The above is
not a legal opinion or advice. Contact
GLS for further any detailed advice required on specific
aspects of developments in Iraq.
Other Updates:
Iraq
Update: October 2003
Iraq
Update: Agency Law
Iraq
Update: July 2003
Iraq
Update on Agency Law: March 2001
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